CIVIL PROCEDURE — Pleadings — Traverse — Requirement of Proper Denial or Non-Admission
Ratio Decidendi
Per Rhodes-Vivour, JSC, in Cameroon Airlines v. Otutuizu (2011) NLC-123-217-2004(SC) at p. 20; Paras A—C:
"After pleadings are settled a material fact is affirmed by one of the parties, but denied by the other. The question raised between the parties is an issue of fact. To raise an issue of fact there must be a proper traverse. That is to say traverse must be made either by a denial or non admission either expressly or by necessary implication."
Explanation / Scope
This principle establishes that to raise an issue of fact, there must be a proper traverse by denial or non-admission, express or implied. The principle applies in pleadings. It ensures that issues are properly joined. The principle reflects the requirement for traverse. It prevents facts from being deemed admitted. The court must determine if a proper traverse exists. The principle provides guidance on pleadings and traverse.